What to Do If You Were Injured by an Impaired Driver in New York
Being injured in a crash caused by a drunk or impaired driver can change your life in an instant. The physical, emotional, and financial toll can be overwhelming, especially when the accident could have been prevented if the driver would have just made a better decision.
At Denlea & Carton LLP, our attorneys have helped countless individuals and families recover compensation after devastating collisions involving drunk or impaired drivers. You don’t deserve to go through the pain of securing what you need after a drunk driving wreck alone. We help our clients navigate the entire legal process and seek compensation for their injuries.
Understanding Impaired Driving and Its Risks
Impaired driving includes more than just driving under the influence of alcohol. It also refers to operating a vehicle while affected by drugs that impair judgment, coordination, or reaction time.
In New York, driving while intoxicated (DWI) is a serious criminal offense. Unfortunately, impaired drivers continue to cause thousands of accidents each year across the state. These crashes often result in severe injuries, long-term disability, and even wrongful death.
When a driver chooses to get behind the wheel while impaired, they put everyone on the road at risk. As a victim, you have the right to hold them accountable, and with the help of Denlea & Carlton LLP, you can.
Immediate Steps to Take After an Impaired Driving Accident
After any motor vehicle accident, your health and safety come first. If you suspect the other driver is impaired, the situation becomes even more critical. Take the following steps if you are able:
- Call 911 immediately: Report the accident to law enforcement and request emergency medical services. Police officers are trained to detect signs of impairment and will likely perform field sobriety tests or chemical testing at the scene.
- Seek medical attention: Even if your injuries seem minor, get checked by a doctor. Some injuries may not be apparent right away. Medical records also provide essential documentation for your injury claim.
- Document the scene: Take photos of the vehicles, the crash site, and any visible injuries. Get names and contact information for witnesses. If you believe the driver is intoxicated, make a note of any suspicious behavior, such as slurred speech or erratic movements.
- Do not confront the other driver: If the driver is intoxicated or aggressive, do not engage with them. Let law enforcement handle the situation. If you are able, prioritize yourself and your passengers and let the law handle the impaired driver.
- Contact an attorney: The sooner you speak with a qualified Denlea & Carton LLP New York drunk driving accident lawyer, the better your chances of protecting your rights and building a strong case.
Legal Rights and Compensation Options
Victims of impaired driving accidents may be entitled to recover damages for medical bills, lost wages, pain and suffering, property damage, and more. In cases involving egregious misconduct, punitive damages may also be available.
Pursuing Compensation from the Drunk Driver
The primary legal option for many impaired driving cases is a personal injury lawsuit against the at-fault driver. If the driver is convicted of a DWI or related offense, this can significantly strengthen your civil claim. However, you do not need a criminal conviction to pursue a personal injury claim.
Your attorney can gather police reports, medical records, toxicology results, and witness statements to prove the driver’s liability and the extent of your damages.
Holding Third Parties Accountable: Dram Shop and Social Host Laws
In some cases, a business or individual who served alcohol to the impaired driver may also be held liable under New York’s Dram Shop Law or Social Host Liability Law. These laws allow injured victims to bring claims against:
- Bars, restaurants, or liquor stores that served alcohol to a visibly intoxicated person
- Social hosts who provided alcohol to someone under age 21
These additional avenues of recovery can be especially important in cases involving catastrophic injuries or where the at-fault driver has limited insurance coverage.
Understanding New York’s Comparative Fault Rule
New York follows a pure comparative negligence system. This means that even if you were partially at fault for the accident, you can still recover compensation. However, your recovery may be reduced by your percentage of fault.
For example, if you are found to be 20% responsible for the crash and your total damages are $100,000, you would still be eligible to recover $80,000.
An experienced car accident attorney will work to minimize any claims of fault against you and ensure the evidence accurately reflects the driver’s impairment and liability.
Why Choose Denlea & Carton LLP for Your Drunk Driving Injury Case
At Denlea & Carton LLP, we bring decades of experience handling complex personal injury cases across New York, including serious injuries caused by impaired drivers. We understand that no two cases are alike and provide each client with personalized, strategic representation focused on results.
When you work with us, you can expect:
- A full investigation into the cause of the crash
- Collaboration with medical and accident reconstruction experts
- Skilled negotiations with insurance companies
- Aggressive litigation when necessary
- Compassionate support through every step of the process
Our team has earned a reputation for excellence in representing victims of negligence, whether in car accidents, wrongful death cases, or other high-stakes injury claims.
Contact Denlea & Carton LLP Today for Help
If you or a loved one has been injured by a drunk or impaired driver in New York, you do not have to navigate this alone. At Denlea & Carton LLP, we are committed to protecting your rights, seeking full compensation, and holding negligent parties accountable. We will do everything in our power to help you get your life back on track and hold the impaired driver accountable.
Time is a critical factor in these cases. Evidence can disappear quickly, and strict deadlines may apply. Let us help you take immediate steps to safeguard your future and pursue the justice you deserve.
Contact us at (914) 331-0100 to schedule a free consultation as soon as possible to learn more about your legal rights. When your life has been flipped upside down because of a drunk driver, we will be here to help when you need us most.
